Fresolo bows out as probe concludes

John J. Monahan TELEGRAM & GAZETTE STAFF

Published Thursday May 23, 2013 at 6:00 am

Updated Thursday May 23, 2013 at 4:12 pm

Mr. Fresolo

State Rep. John P. Fresolo, D-Worcester, resigned from the House of Representatives Wednesday as part of a negotiated agreement with House officials in the wake of a wide-ranging Ethics Committee investigation that ended earlier this week.

In an interview Wednesday, Mr. Fresolo said he submitted his resignation as representative for the 16th Worcester district, effective at 5 p.m. Wednesday, ending 15 years in that office.

House Speaker Robert A. DeLeo meanwhile has contacted the Secretary of State to set a date for a special election to fill the seat for later this year.

“Regretfully, I submitted my resignation today from the House of Representatives,” Mr. Fresolo told the Telegram & Gazette. “I am resigning because I am not currently effective, and I do not see that changing in the short run, and the people of my district need effective representation. Because of that I have decided to step down at this time.”

The eight-term legislator said that because of rules covering ethics investigations, he was unable to disclose details of the investigation launched in March by House Speaker Robert A. DeLeo. The probe, which was conducted behind closed doors, began after a legislative staffer lodged a series of complaints involving what the speaker called “serious violations” of House ethical standards.

After an initial investigation by the House counsel determined the allegations had merit, Mr. DeLeo ordered a full investigation by the Ethics Committee, which was granted special subpoena powers for the probe. The committee conducted four days of hearings behind closed doors over the last two weeks.

House officials have not publicly detailed the alleged misconduct. However, sources have confirmed that Mr. Fresolo's per diem travel expenses were being probed and that the investigation involved multiple other alleged ethical breaches by a member of the House.

Mr. Fresolo, 48, said his resignation came after negotiations with the Ethics Committee at the end of those hearings and that he submitted his letter of resignation Wednesday morning.

“There was pressure to do this,” Mr. Fresolo said of his resignation. “I said that I was determined to fight, and I did try to fight as long as I could. It's different now. I have been marginalized. I wouldn't say I was treated fairly, but it's a process, and I went through it and I am glad I did.”

Seth Gitell, director of communications for House Speaker Robert A. DeLeo, disputed Mr. Fresolo's contention that he stepped down under duress.

“No member or officer of the House of Representatives pressured John Fresolo to resign,” the statement reads. “His resignation was not the product of negotiations.”

Mr. Fresolo said both sides agreed not to disclose the allegations that were investigated.

“I've agreed to keep the investigation confidential as well as the other side. This was part of the negotiations, yes,” Mr. Fresolo said.

“The investigation under the House Rules is confidential,” Mr. Fresolo said. “I never intentionally violated House rules as a member, so I am not going to violate them by commenting” on the investigation.

House rules provide for public reports on the committee's findings and possible public hearings before the entire House on any penalties or sanctions recommended, if the Ethics Committee had gotten to the point of referring the case to the entire House.

Minority Leader Bradley H. Jones Jr, R-North Reading, called Mr. Fresolo's resignation “necessary but overdue” and said it was “an appropriate course of action given the circumstances.”

“The residents of the 16th Worcester District and the taxpayers of Massachusetts deserve representatives and a governing body that is held to the highest ethical standard,” Mr. Jones said.

Mr. Fresolo said he had done his best for his district over many years.

“I put my heart and soul in this job. I really cared a lot for the people I represented. I went to work every day trying to make their lives better,” said Mr. Fresolo, who was born and raised in the Vernon Hill section of the city. He was unopposed for re-election in 2010 and 2012.

“I did not want to just fill a seat,” he said of the decision, acknowledging that he was pressured by the committee to step down.

Worcester's District 3 City Councilor George Russell said that many were shocked by Mr. Fresolo's decision and added that the state representative did a good job, particularly when it came to serving his constituents' specific needs.

“I don't know what the particulars are but I'm sad to see that the representative is leaving,” said Mr. Russell, who lives across the street from Mr. Fresolo on Dolly Drive.

Mr. Russell said he's not interested in running for Mr. Fresolo's seat.

“I'm just into my first term as a city councilor,” he said.

Mr. Fresolo's announcement sparked speculation at Worcester City Hall and in political quarters about a possible successor.

Some of the possible candidates mentioned are Daniel M. Donahue, a top aide to Mayor Joseph M. Petty and the son of John Donahue, the manager of Local 107, the United Brotherhood of Carpenters and Joiners of America; Joshua Perro, a member of the Worcester Public Library board of directors who is associated with his family's florist business on Grafton Street; Mathew T. Taylor, who lost to Mr. Fresolo in 2008; Christopher S. Condon, a former candidate for Worcester School Committee who has worked on the campaigns of U.S. Rep. James P. McGovern, Lt. Gov. Timothy P. Murray, and Gov. Deval L. Patrick; James M. O'Brien, a campaign manager for former state Rep. Guy W. Glodis; and David LeBoeuf, executive director for Initiative for Engaged Citizenship and a campaign manager for Rep. James O'Day, D-West Boylston.

Bronislaus B. Kush of the Telegram & Gazette staff contributed to this report.